Card Range To Study

43 Cards in this Set

Front

Back

Amicus Curiae

Latin expression meaning "friend of the court." It is a bystander (usually an attorney) who volunteers information or states some matter of law for the assistnace of the court. It may also be a person who is permittied to introduce evidence, or arguments, to protect his or her interests even though the person has no legal standing in the current case.

Appellant

is one who appeals the decision of a lower court to a higher court for review.

Appellee

is the other party in a litigation against whom an appeal is taken (also called the "respondent")

Affirm

is to confirm, ratify, or approve a judgment of a lower court.

Bailment

is the delivery of property by one (the bailor) to another (the bailee) in trust (or contract), and once the contract is fulfilled the property will be returned.

Caveat emptor

is a Latin phrase meaning, "let the buyer beware." According to this maxim a purchaser must examine, judge, and test before buying - and ulitmately must be held responsible for his or her actions. It is a principle that has been generally outmoded by strict liability, warranty, and other consumer protection laws, which favor the consumer - buyer.

Condemnation

is the act of judicially converting private property to public use under eminent domain. Property is taken without consent of the owner, but with just compensation. Inverse condemnation occures when a public entity takes or damages property without going through the legal procedure of condemnation, and does so without compensation to the owner. Conversely, adverse possession is a method of (private) acquisition of title to real property by possession for a statutory period under certain conditions.

Contract

is a legally enforceable agreement upon sufficient consideration. There is a subject or object over which there is an offer and acceptance agreed upon for some consideration (recompense). The essential elements of a contract are (1) competent parties, (2) the subject or object, (3) legal consideration, (4) mutuality of agreemtn (or assent), and (5) mutuality of obligation (i.e. both parties are bound by the terms).

Cross-claim

is a claim brought by a defendant in an action against the plaintiff

Declaratory judgment

is one which declares the status, rights or duties of the parties involved but does not order any action to be taken.

Defendant

is the defender, the one against whom a claim or charge is brought. It is the one who denies a claim in a court action.

Demurrer

means that even if the facts stated by the other party are true, they do not constitute an enforceable claim.

De novo

means anew, afresh, a second time. In a de novo trial, the matter is tried anew; the same as if it had not been heard before and as if no decision had been previously rendered.

Deposition

is teh testimony of a witness, conducted under oath outside of the courtroom.

Discovery

is the disclosure of facts, documents and evidence to the opposing party upon request

Easement

is a liberty, privilege, or advantage that entitles its holder to some limited use or enjoyment in the land of another. The limited use might be the right to cross the land. An avigation easement provides the right to cross through or otherwise use the airspace overlying the property of another

Eminent domain

is the inherent power of a sovereign government to take private property for public use.

Estoppel

is a condition that stops or prohibits action because of contradiction.

Freedom of Information Act of 1966

provides entitlement to information from government files. Opposing it is the privacy act of 1980, which restricts acquisiton of certain information.

Habeas corpus

in Latin means, "you have the body." In law is the name given to a variety of writs, having for their objective to bring a party before a court or judge. When employed alone in common usage, and as the term has been used in this text, it is understood to mean habeas corpus ad subjiciendum, which is a writ directed to the person detaining another, and commanding that person to produce the "body" of the prisoner, or person detained.

Injunction

is a court order to stop.

Insurance

is a contract (policy) wherin payment of a premium (fee) is given in exchange for insuranct (reimbursement) against loss incurred (at risk).

Insurance waiver

gives up the right to reimbursement under certain circumstances such as flying an airplane. An (aviation) rider may reinstate the coverage to include the categoy of activity otherwise excluded.

Interrogatories

are a series of questions.

Jurisdiction

is the power, authority, capacity, or right-to-act of a court within a given legal or geographic area.

Liability

is all manner of responsibilities, obligations, debts and assumptions or risk.

Litigation

is a legal contest, a lawsuit, or contest by judicial process.

Negligence

is the omission of doing what a resonable person would do, the failure to exercise "ordinary care," or to be "careless"

Plaintiff

is the one who begins a legal action. It may be the person who begins a personal action to recover damages for injury to his or her rights; i.e., the complaining party in a lawsuit. It may also be defendant who is appealing the adverse decision of a lower court; that is to say, litigant roles may be reversed in an appeal.

Police power

is a governmental power to make and enforce resonable laws and regulations in the interest of the general health, safety, welfare and morals of its citizens.

Preemption

is to usurp higher authority

Proximate

is a comples term, perhads best summarized in the phrase "legal cause"; it includes foreseeable harm to one to whom a duty is owed; it has also been described as the dirct, immediate cause, without which an incident would not have happened. This latter concept is also a part of "but-for" causation.

Receiver (or trustee)

is appointed by the court to take into custody, management or control the property of another.

Remand

is to send back to the lower court.

Res ipsa loquitur

is a Latin term denoting that negligence is obvious. Literally it means, "the thing speaks for itself." Whenever the conditions surrounding and event are so extraordinary, it is presumed someone must be at fault; i.e., an accident in quiestion could not have happened without negligence.

Reverse

is to annul, revoke, or to make void an legal decision. A higher court may "reverse" the decision of a lower court.

Trial

is the formal examination of the facts and evidence by a court of law. It is a judicial examination fo the issues between parties to a civil or criminal action in accordance with the law at hand.

Tort

is a civil wrong resulting in personal injury or property damage. It is separate, for example, from contract law, wherein there is breach of written or implied agreement. The three elements of every tort action are: (1) an duty to protect others against unreasonable risks; (2) a failure to conform to a resonable standard; and (3) the conduct of the person supposedly at fault is so closely related to the incident as to have caused it - to have been the "but-of" and proximate cuase resulting in damages.

Underwrite

is to assume rish by way of insurance

Venue

is the place where injury happened, crime was commited, or where the accused is brought to trial.

Writ of certiorari

is an order in writing from a superior to an inferior court, directing the proceedings of a specified case be sent up for review. The U.S. Supreme Court customarily uses a writ of certiorair when it decides to review the decision of a lower court.

Writ of mandamus

literally interpreted means "we command." It is an order by the court to public official, or to an inferior court, directing them to do or not to do something within the scoper of their duties.

Zoning

partitions a local governmental jurisdition by ordinance into authorized land use districts. It may also inlcude regulations as to the structure and design of buildings with desingated areas.

{"cdnAssetsUrl":"\/\/fce-study.netdna-ssl.com\/8aad0c7e0440","site_dot_caption":"Cram.com","premium_user":false,"premium_set":false,"payreferer":"clone_set","payreferer_set_title":"Aviation Law Common Terms","payreferer_url":"\/flashcards\/copy\/aviation-law-common-terms-1767850","isGuest":true,"ga_id":"UA-272909-1","facebook":{"clientId":"363499237066029","version":"v2.2","language":"en_US"}}